CAP. 199
(c)
Kenya Defence Forces
Kenya Defence Forces
[Rev. 2012]
if the person is convicted or found guilty of an offence under Part VI,
for any day (whether before or after he or she is convicted or found
guilty) on which the person is in hospital on account of sickness or
injury certified by a medical officer to have been occasioned by the
offence.
(2) The pay of an officer or service member shall be forfeited for any day
of absence by reason of that person having been captured by an enemy, if the
Defence Council is satisfied that—
(a) the person was captured through disobedience of orders or willful
neglect of duty;
(b) having been captured, failed to take any reasonable steps available
to rejoin the Defence Forces; or
(c) while in captivity the person served with or aided the enemy in the
prosecution of hostilities or in the taking of measures calculated to
influence morale, or in any other way whatsoever not authorised by
inter usage.
(3) Time shall be computed for the purposes of this section (and in particular,
as to the counting or disregarding of parts of days) in the prescribed manner.
217. Deductions for penalties
(1) If a fine is imposed on an officer or service member under this Act, the
amount of the fine may be deducted from that person's pay.
(2) If an officer or service member is charged with a civil offence, whether
within or outside Kenya, and is sentenced or ordered by the court to pay any fine,
penalty, damages, compensation or costs, and the whole or part thereof is met by a
payment made by or on behalf of any service authority, the amount of the payment
may be deducted from the person's pay.
218. Compensation for loss occasioned by wrongful act or negligence
(1) Without prejudice to the provisions of this Act as to the imposition of
stoppages as a punishment, the following provisions shall have effect if, after the
prescribed investigation, it appears to the Service Commander or an authorised
officer that any loss of, or damage to public property has been occasioned by any
wrongful act or negligence of an officer or service member (in this section referred
to as the person responsible).
(2) The Service Commander or authorised officer may order the person who
is responsible to pay a specified sum as or towards compensation for the loss or
damage, and any such sum may be deducted from the person's pay, so far as it
has not otherwise been paid by the person responsible.
(3) An order shall not be made under subsection (2) if, in proceedings before
a court-martial, the commanding officer or the appropriate superior authority, the
person responsible—
(a) has been exonerated by a finding that the person was not guilty of the
wrongful act or negligence in question; or
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